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On July 24, 2007 the federal minimum wage will increase from $5.15 to $5.85 per hour, the first increase since 1997. The “Fair Minimum Wage Act of 2007” provides for a three-step increase in the minimum wage,...
Apr 20, 2007
Wage & Hour Issues
California Supreme Court Expands Employer Liability for Missed Meal and Rest Periods
On April 16, 2007, the California Supreme Court ruled that payments mandated by California Labor Code § 226.7 for meal and rest period violations are “wages” and not “penalties.” The Court’s ruling that these...
Mar 28, 2007
Labor Relations
Court of Appeals Affirms NLRB Ruling That Overbroad Confidentiality Requirement Is An Unfair Labor Practice
A federal appeals court, affirming a decision of the National Labor Relations Board (the “NLRB”), has ruled that a personnel handbook provision which required employees to maintain the confidentiality of all...
Mar 26, 2007
Wage & Hour Issues
KM&M Client Prevails in Case with Important and Favorable Implications for Hospitality Industries
It is customary in the hospitality industry for banquet operators to assess a “service charge” or a “service fee” of anywhere from 15% to 25% of the cost of food and beverage. Usually, most of the fee is paid to the...
Feb 12, 2007
General Employment Issues
Ninth Circuit Recognizes Employee Privacy Right in Workplace Computer but Rules that the Employer Validly Consented to Government Search
On January 30, 2007, the United States Court of Appeals for the Ninth Circuit ruled that while employees may have a reasonable expectation of privacy in their workplace computers, an employer retains the ultimate authority to...
Jan 24, 2007
Damages
D.C. Court of Appeals to Review Ruling On Taxability of Emotional Distress Damages
As reported on this website, last August the U.S. Court of Appeals for the District of Columbia Circuit ruled, in Murphy et al. v. Internal Revenue Service, No. 03cv02414 (D.C. Cir. 2006), that damage awards for...
Dec 12, 2006
Labor Relations
Second Circuit Remands Case on Preemption of New York Labor Neutrality Law
In general, matters relating to collective bargaining and labor relations are governed exclusively by federal law, the National Labor Relations Act (NLRA). As a result, state laws that venture into the area of labor relations...
Dec 04, 2006
General Employment Issues
New Trend in Employee Benefits?: San Francisco Mandates That Employers Provide Paid Sick Leave to Employees
In the November 2006 election, San Francisco voters overwhelmingly voted for Proposition F, referred to as the “Paid Sick Leave Ordinance.” (Proposition F, San Francisco Admin. Code, Section 12W.2(d).) As...
Nov 27, 2006
Wage & Hour Issues
DOL Says Information Technology Staff May Be Essential, but Not Necessarily Exempt From Overtime
Many employers correctly believe that their information technology (IT) support staff, who troubleshoot computer problems and keep IT systems running, perform work that is essential to the company’s business operations....
Nov 01, 2006
General Employment Issues
In Many States Employers Must Give Their Employees Time Off to Vote in the Upcoming Election
Many states require employers to allow employees time off, sometimes including paid time off, to vote in elections. These laws vary widely, and it is important that you know your obligations in each state within which you...